Terms and Conditions

Index:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Customers who exercise their right of withdrawal and the costs involved
Article 9 – Traders’ obligations in case of withdrawal
Article 10 – The Price Precluding the right of withdrawal
Article 11 – Contract fulfillment and extra guarantee
Article 12 – Delivery and implementation
Article 13 – Payment
Article 14 – Intellectual and industrial property rights
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Supplementary or deviant regulations

 

Article 1 – Definitions

The following definitions apply in these terms and conditions:

      1. Supplementary agreement: an agreement in which a consumer obtains products, via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
      2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
        Withdrawal period is not applicable to custom-made products;
      3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
      4. Day: calendar day;
      5. Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
      6. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
      7. Trader: a natural or legal person who offers products to consumers from a distance;
      8. Distance contract: a contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
      9. With an agreement for custom-made products, the consumer goods purchases regulations are not applicable;
      10. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions;
      11. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

 

Article 2 – Identity of the trader

Name trader: Annyta Goossens trading under the names Annyta Lolyta and Velvet Matters
Registered address:
Office address: Vaartstraat 32 III, 1075RP Amsterdam, the Netherlands
Telephone number and time(s) at which the trader can be contacted by telephone:
0031 654216773 working days from 10 till 16.
Email address: info@velvetmatters.com
Chamber of Commerce number: 30109219
VAT identification number: NL115565747B01
IBAN: NL67RABO300560818

 

Article 3 Applicability

        These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.

 

        Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.

 

        If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.

 

        In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

 

        N.B.: The right of withdrawal is not applicable to custom-made products (cushions, bedspreads, scarves, IPad covers or tablet covers).

 

Article 4 – The offer

        If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

 

        The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products being offered.

 

        Colours on a monitor or screen can appear differently from reality. The trader is not bound by obvious errors or mistakes in the offer.

 

        Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

 

Article 5 The contract

        The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

 

        If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.

 

        If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

 

        The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

 

        The trader will send to a consumer, at the latest when delivering a product, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

 

        – the office address of the trader’s business location where the consumer can lodge complaints;

 

        – the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;

 

        – the price, including all taxes on the product, the costs of delivery in so far as applicable, and the method of payment, delivery or implementing the distance contract;

 

        – if the consumer has a right of withdrawal, the model form for right of withdrawal.

 

Article 6 – Right of Withdrawal

Upon delivery of products:

When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
The period of 14 days stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
Upon delivery of custom-made products:
the right of withdrawal is not applicable to custom-made products .

 

Article 7 Consumers’ obligations during the withdrawal period

        1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
          The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
          The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

 

Article 8 Consumers who exercise their right of withdrawal and the costs involved

        1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
          As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1 in article 6, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
          The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
          The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
          The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
          If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

 

Article 9 – Traders’ obligations in a case of withdrawal

        1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
          The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
          For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
          If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 10 The price

        1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
          Prices stated in offers of products or services include VAT and delivery in the Netherlands.

 

Article 11 – Contract fulfillment

        1. The trader guarantees that the products fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.

 

Article 12 – Supply and implementation

        1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the products made especially on demand. Upon implementing custom-made orders the trader is free to implement these orders to his own guidelines and expertise. Defined colour wishes of the consumers are a guideline but never binding.
          All products are hand-made: all small possible unevenness or irregularities cannot be prevented and belong to the charm and craftsmanship of a hand-made product. Complaints about these matters are not legitimate. Possible differences in size up to one inch may occur and are not liable for complaints.The place of delivery is deemed to be the address that the consumer makes known to the company.
          Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
          Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
          The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

 

Article 13 Payment

          1. Full payment has to take place without any discount or compensation, unless agreed beforehand, in one of the ways mentioned during the ordering process on www.velvetmatters.com. Payment methods are: direct bank transfer on IBAN NL67RABO0300560818 in name of Annyta Lolyta, by Paypal, iDeal or by credit card (MasterCard or Visa).
            The consumer is obliged to report immediately to the trader any
            inaccuracies in payment data provided or stated.
            If a consumer fails to fulfill his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfill the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.
            Payment for custom-made products:
            70% of the payable amount has to be made by the consumer in advance and 30% within 14 days after the delivery date.

 

Article 14 – Intellectual and industrial property rights

            1. The consumer has to respect all intellectual and industrial rights that lie on all
              delivered products by the trader.
              It is not allowed to make use of these property rights in the broadest sense
              without consent of the trader.

 

Article 15 Complaints procedure

            1. The trader provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
              A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions. All products are hand-made: all small possible unevenness or irregularities cannot be prevented and belong to the charm and craftsmanship of a hand-made product. Complaints about these matters are not legitimate.
              A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
              A complaint that cannot be solved in joint consultation within a reasonable period of time, or within 3 months after it was submitted, becomes a dispute that is subject to the disputes settlement scheme.

 

Article 16 – Disputes

            1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law. Furthermore, any dispute which may arise between a trader and a consumer which has not been amicably settled within a reasonable period of time can only be referred to a court of competent jurisdiction within the district of Amsterdam, The Netherlands.

 

Article 17 – Additional or different stipulations

            1. Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.


 

Appendix I: Model form for right of withdrawal: the European model form for right of withdrawal

 

 

Model form for right of withdrawal

 

(dit formulier alleen invullen en terugzenden wanneer u de overeenkomst wilt herroepen)

 

–          To:           [ name trader]

[ geografic address trader]

[ emailaddress or electronic address of the trader]

 

–          I/we* declare, that I/we* withdraw our agreement concerning the purchase of the following products: (indication product)*

 

–         Received on (date receival products):[datum bestelling bij diensten of ontvangst bij producten]

 

–          [Name consumer]

 

–          [Address consumer]

 

–          [Signature consumer] (only when this form is sent on paper)
* Delete as necessary.